Amendment ASA1-AB479

LRBs0303/1

RCT:cs:jf

2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 ASSEMBLY BILL 479

March 7, 2002 - Offered by Committee on Environment.

AB479-ASA1,1,7 An Act to create 15.347 (3), 20.143 (3) (z), 20.370 (9) (fr), 299.83, 299.85 and 560.125 of the statutes; relating to: environmental compliance audits, environmental management systems, providing incentives for improving environmental performance, providing immunity from civil penalties for certain violations of environmental requirements, access to certain information, granting rule-making authority, making appropriations, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB479-ASA1, s. 1 Section 1. 15.347 (3) of the statutes is created to read:

AB479-ASA1,2,2 15.347 (3) Environmental results council. There is created in the department of natural resources an environmental results council consisting of 15 members appointed for 5-year terms. The governor shall appoint members representing environmental organizations, businesses, and local governmental units and members who do not represent any of these entities.

AB479-ASA1, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB479-ASA1, s. 3 Section 3. 20.143 (3) (z) of the statutes is created to read:

AB479-ASA1,2,9 20.143 (3) (z) Environmental results and environmental management system grants. Biennially, from the environmental fund, the amounts in the schedule for environmental results and environmental management system grants under s. 560.125.

AB479-ASA1, s. 4 Section 4. 20.370 (9) (fr) of the statutes is created to read:

AB479-ASA1,2,13 20.370 (9) (fr) Environmental results program — environmental fund. Biennially, from the environmental fund, the amounts in the schedule for the administration of the environmental results program under s. 299.83.

AB479-ASA1, s. 5 Section 5. 299.83 of the statutes is created to read:

AB479-ASA1,3,1 299.83 Environmental results program. (1) Definitions. In this section:

AB479-ASA1,3,3 (a) "Covered facility or activity" means a facility or activity that is included, or intended to be included, in the program.

AB479-ASA1,3,7 (b) "Environmental management system" means an organized set of procedures to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations.

AB479-ASA1,3,11 (bm) "Environmental management system audit" means a review, of an environmental management system, that is conducted in accordance with standards and guidelines issued by the International Organization for Standardization and the results of which are documented and communicated to employees of the participant.

AB479-ASA1,3,14 (c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under chs. 29 to 31, 160, and 280 to 299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.

AB479-ASA1,3,17 (d) "Environmental requirement" means a requirement in chs. 29 to 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.

AB479-ASA1,3,21 (dg) "Functionally equivalent environmental management system" means an environmental management system that includes all of the following elements and any other elements that the department determines are essential elements of International Organization for Standardization standard 14001:

AB479-ASA1,3,24 1. Adoption of an environmental policy that includes a commitment to compliance with environmental requirements, pollution prevention, and continual improvement in environmental performance.

AB479-ASA1,4,2 2. An analysis of the environmental aspects and impacts of the entity's activities.

AB479-ASA1,4,4 3. Plans and procedures to achieve compliance with environmental requirements and to maintain that compliance.

AB479-ASA1,4,5 4. Identification of all environmental requirements applicable to the entity.

AB479-ASA1,4,7 5. A process for setting environmental objectives and developing appropriate action plans to meet the objectives.

AB479-ASA1,4,9 6. Establishment of a structure for operational control and responsibility for environmental performance.

AB479-ASA1,4,11 7. An employee training program to develop awareness of and competence to manage environmental issues.

AB479-ASA1,4,13 8. A plan for taking actions to prevent environmental problems and for taking emergency response and corrective actions when environmental problems occur.

AB479-ASA1,4,16 9. A communication plan for collaboration with employees, the public, and the department on the design of projects and activities to achieve continuous improvement in environmental performance.

AB479-ASA1,4,18 10. Procedures for control of documents and for keeping records related to environmental performance.

AB479-ASA1,4,19 11. Audits of the environmental management system.

AB479-ASA1,4,21 12. A plan for continually improving environmental performance and provision for senior management review of the plan.

AB479-ASA1,4,25 (dr) "Outside environmental auditor" means an auditor who is functionally or administratively independent of the facility or activity being audited, but who may be employed by the entity that owns the facility being audited or that owns the unit that conducts the activity being audited.

AB479-ASA1,5,5 (e) "Participation contract" means a contract entered into by the department and a participant in tier II of the program, and that may, with the approval of the department, be signed by other interested parties, that specifies the participant's commitment to superior environmental performance and the incentives to be provided to the participant.

AB479-ASA1,5,6 (f) "Program" means the environmental results program under this section.

AB479-ASA1,5,11 (g) "Superior environmental performance" means environmental performance that results in measurable or discernible improvement in the quality of the air, water, land, or natural resources or in the protection of the environment beyond that which is achieved under environmental requirements and that may be achieved in ways that include all of the following:

AB479-ASA1,5,16 1. Limiting the discharges or emissions of pollutants from, or in some other way minimizing the negative effects on air, water, land, natural resources, or human health of, a facility that is owned or operated by an entity or an activity that is performed by the entity to an extent that is greater than is required by applicable environmental requirements.

AB479-ASA1,5,20 2. Minimizing the negative effects on air, water, land, natural resources, or human health of the raw materials used by an entity or the products or services produced or provided by the entity to an extent that is greater than is required by applicable environmental requirements.

AB479-ASA1,5,21 3. Voluntarily engaging in restoring or preserving natural resources.

AB479-ASA1,5,23 4. Helping other entities to comply with environmental requirements or to accomplish the results described in subd. 1. or 2.

AB479-ASA1,5,25 5. Organizing uncoordinated entities that produce environmental harm into a program that reduces that harm.

AB479-ASA1,6,2 6. Reducing waste or the use or production of hazardous substances in the design, production, delivery, use, or reuse of goods or services.

AB479-ASA1,6,3 7. Conserving energy or nonrenewable natural resources.

AB479-ASA1,6,5 8. Reducing the use of renewable natural resources through increased efficiency.

AB479-ASA1,6,7 9. Adopting methods that reduce the depletion of, or long-term damage to, renewable natural resources.

AB479-ASA1,6,8 (h) "Violation" means a violation of an environmental requirement.

AB479-ASA1,6,10 (1m) Administration of program. In administering the program, the department shall attempt to do all of the following:

AB479-ASA1,6,12 (a) Promote, reward, and sustain superior environmental performance by participants.

AB479-ASA1,6,15 (b) Promote environmental performance that voluntarily exceeds legal requirements related to health, safety, and the environment and results in continuous improvement in this state's environment, economy, and quality of life.